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ABLE Accounts

* This guide has been updated for the SECURE 2.0 Act *

Overview

Qualified ABLE programs provide the means for individuals and families to contribute and save for the purpose of supporting individuals, blind or severely disabled before turning age 26 (46 beginning for years after 2025), in maintaining their health, independence, and quality of life. The contribution and distribution rules are loosely modeled after Sec. 529 Plans.

Federal law enacted in 2014 authorizes States (or their agencies or an instrumentality) to establish and operate an ABLE program. Under the ABLE program, an ABLE account may be set up for any eligible state resident, which would generally be the only person who could take distributions from the account. ABLE accounts are very similar in function to Sec 529 plans.

However, they should not be considered as estate planning devices, as is sometimes the case with 529 plans; the main purpose of ABLE accounts is to shelter assets from means testing required by government benefit programs. Individuals can contribute to ABLE accounts subject to gift tax limitations. Distributions to the disabled individual are tax free if the funds are used for qualified expenses of that person.

IRS Forms

The IRS has developed two forms that ABLE account programs will use to report relevant account information annually to designated beneficiaries and the IRS — Form 1099-QA for distributions and Form 5498-QA for contributions.

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